tiscan ltd vs attorney general another 2009 tzhc 212 17 august 2009

tiscan ltd vs attorney general another 2009 tzhc 212 17 august 2009

The application was struck out because the applicant failed to cite the proper enabling provisions of law, which is a mandatory requirement for the court to exercise its jurisdiction.

Citation
tiscan ltd vs attorney general another 2009 tzhc 212 17 august 2009
Parties
Applicant: TISCAN Ltd.; Respondent: Attorney General; Respondent: Minister for Labour Joseph Lossy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2009
Procedural Posture
Miscellaneous Civil Cause / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent with costs.
Legal Topics
Judicial Review, Certiorari, Mandamus, Proper Citation of Enabling Provisions, Preliminary Objection
Source Language
English
Administrative Law Civil Procedure Judicial Review Certiorari Mandamus Proper Citation of Enabling Provisions Preliminary Objection

Case Brief

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Parties

TISCAN Ltd.

Applicant

Attorney General

Respondent

Minister for Labour Joseph Lossy

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was properly brought under the correct enabling provisions of law
  2. 2 Whether failure to cite the correct provision renders the application incompetent

Ratio Decidendi

The application was struck out because the applicant failed to cite the proper enabling provisions of law, which is a mandatory requirement for the court to exercise its jurisdiction.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • The application is struck out with costs.